• Mark Ryan

Two New Wetlands Cases

Here are two new wetlands cases from the past week. The Brace case has been around for years.

South Carolina Coastal Conserv. League v. USACOE, 2020 WL 858599 (D. S.C. 2020) (largely denying motion to supplement the administrative record in case challenging Corps 404 permit for highway project, held that plaintiff has not carried the burden of presenting clear evidence that the compiled administrative record is incomplete)

United States v. Brace, 2020 WL 956460 (W.D. Pa. 2020) (ruling on the remedy after liability was earlier determined, held that defendant was to hire a qualified wetlands expert to develop a restoration plan to restore the site consistent with the outline provided by the government’s expert; defendant is ordered to place a deed restriction on the site to prevent future development; civil penalties are mandatory under the CWA for violations such as these; penalty deferred to a later date)

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